The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-03-01
An Unconstitutional Bill.

WAsH1FGToN, February 27.-The mi
nority report. prepared by Senator
George and signed by all the Demo-
cratic members of the Senate committee
on judiciary, upon the Hoar bill, "to
provide inquests under national au-
thority," declared it to be the opinion
of the signers tnat that measure is IN
warranted by the Constitution and that
its passage would be grave and seri
Gus usurpation by Congress of the
powers reserved to the States. The re-
port discusses at great length the rela-
tons of the general TO the State gov
eminent and the rights reserved to each
under the Constitution. Congress, it
declares, can pass no law upon the sub
iects of personal conflicts between
races and personal wrongs perpe-
trated by one on other; or
between persons of different politi
cal parties, or wrongs done by one
party 10 a man on the other because OF
opinions which the injured party may
entertain or express. The authors OF
this bill, it says, have not been back
ward in asserting power in Congress
over subjects cOgnate to these men
.ioned in this bill. Independent of any
support which they may have given to
many acts of Congress which may
have been decided unconstitutional
by the Supreme Court, they
have introduced bills contemporaries
ously with decisions in civil right
cases which contained assertions
of the EXTREMIST power over those sub
jects. 1t is no defense of the constitu
tionality of this bill, say the minority,
that it assumes no jurisdiction, no
power over persons to punish or retain
them, but simply directs the courts to
make an inquisition concerning crimes
committed in a State and whose trial
and punishment are solely in her juris-
diction. The question for decision is,
has Congress the power to pass the
bill? Certainly the power is not
among those expressly conferred in the
Constitution. If it were claimed as
an incidental power, then its advocates
must point out the express power for
carrying it out for which this bill was
necessary. This could not be done.
But the bill, the report says, is not even
entitled to the defense of being entirely
impotent and harmless. Impotent it is
for all purposes of good and orderly
government, but IL has extraordinary
vigor for evil. 1t establishes an unwar
ranted Federal espionage over mat
tiers conided exclusively to the jurisdic
ton of Sta:es. 1t invites and encourages
irresponsible and disconnected persons
to subject the conduct of their neigh
bors to an investigation by tribunal
before which these persons thus SIAN
dered have no opportunity of appearing
or summoning witnesses. 1t is true the
tribunal has no power to render a judg-
ment against them which will affect
their lives, their liberty or their pro-
perty, but it has power in an &c pdrte
inquisitorial way of giving official form
and body and substance to accusations
which there has been no opportunity to
meet to destroy the character and
blacken the names of citizens who. are
not sheard in their own defense; to
stamn as genuine and true SANDERS and
libels, to give currency to blackguard-
ism and perjury; it destroys the whole
scheme of the constitution. 1t does not
enter the vestibule merely and deface
or destroy some slight ornament. but it
saps and undermines the foundations of
the temple itself.